Immunity Law
 
STATE OF OHIO v. ENOCH JAEGER

In September and October 2016, there were a series of breaking and entering
offenses committed at gas station convenience stores in Medina County. During each offense,
two men would use a large rock or block of concrete to smash open the glass door of the store
then enter it carrying large garbage cans. Once inside, they quickly collected cartons of
cigarettes inside the gar

More...   $0 (07-31-2018 - OH)

United States of America v. John Chinnici United States District Court for the District of Vermont

Burlington, VT - Bennington Man Convicted Of Armed Robbery

The Office of the United States Attorney for the District of Vermont stated that John Chinnici, 33, of Bennington, Vermont, was convicted on July 27, 2018, in United States District Court in Burlington, Vermont, following a jury trial. U.S. District Judge Christina Reiss ordered Chinnici to remain in custody after the jury return

More...   $0 (07-31-2018 - VT)

Marnika Lewis, et al. v. Governor of Alabama, et al. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

For a single day in February 2016, Marnika Lewis and Antoin Adams secured a pay raise. The Mayor of Birmingham, Alabama, William Bell, had just affixed his signature to Birmingham Ordinance No. 16-28, which guaranteed Lewis, Adams, and all other wage earners in the city $10.10 per hour. But the following afternoon, Alabama Governor Robert Bentley signed the Minimum Wage and Right-to-Work Act (The

More...   $0 (07-31-2018 - AL)

Chester L. Bailey, Jr. v. Independent School District No. 69 of Canadian County Oklahoma Oklahoma County Courthouse - Oklahoma City, Oklahoma

We are presented in this appeal with the following question: is a letter written by a public employee, seeking a reduced sentence for his relative, speech on a matter of public concern for the purposes of a First Amendment Garcetti/Pickering inquiry. See Garcetti v. Ceballos, 547 U.S. 410 (2006); Pickering v. Bd. of Educ., 391 U.S. 563 (1968). We conclude that it is. Accordingly we reverse the dis

More...   $0 (07-24-2018 - OK)

Navajo Nation Northern Edge Navajo Casino v. The Honorable Bradford J. Dalley, et al. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

The Appellants, the Navajo Nation and its wholly-owned government
enterprise the Northern Edge Navajo Casino (together, the “Tribe” or “Nation”),
entered into a state-tribal gaming compact with New Mexico under the Indian
Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721. The Tribe agreed
not only to waive its sovereign immunity for personal-injury lawsuits brought by
visi

More...   $0 (07-24-2018 - NM)

Jerrid Allen v. Kevin M. Milas, et al. Eastern District of California Federal Courthouse - Sacramento, California

Jerrid Allen petitions under the Administrative Procedure
Act (APA), 5 U.S.C. § 551 et seq., for review of a decision by
the U.S. Consulate in Frankfurt, Germany to deny a visa to
his wife. Allen claims that the consular officer committed
legal error in denying Mrs. Allen a visa, and that the error
was “arbitrary, capricious, . . . or otherwise not in accordance
with law.”

More...   $0 (07-29-2018 - CA)

George K. Young, Jr. v. State of Hawaii, et al. Federal Courthouse - Honolulu, Hawaii

We must decide whether the Second Amendment encompasses the right of a responsible law-abiding citizen to carry a firearm openly for self-defense outside of the home.
I
A
George Young wishes to carry a firearm publicly for personal self-defense in the State of Hawaii. He twice in 2011 applied for a license to carry a handgun, either concealed or openly. His application was denied each

More...   $0 (07-29-2018 - HI)

Angel Mendez and Jennifer Lynn Garcia v. County of Los Angeles, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

On remand from the United States Supreme Court we are tasked with deciding whether the unlawful entry into a residence by two sheriff’s deputies, without a warrant, consent, or exigent circumstances, was the proximate cause of the subsequent shooting and injuries to the plaintiffs. We hold that it was, permitting a federal claim under 42 U.S.C. § 1983. We also hold that the plaintiffs have an inde

More...   $4000000 (07-29-2018 - WA)

STATE OF SOUTH DAKOTA v. SHAWN RAYNARD ROSS

On February 17, 2017, the Brule County Grand Jury indicted Shawn Ross on one count of third-degree burglary in violation of SDCL 22-32-8 and one count of intentional damage to property in violation of SDCL 22-34-1(2). Ross pleaded not guilty. Thereafter, the State and Ross entered into a plea agreement. At a hearing on May 16, 2017, pursuant to the plea agreement, Ross pleaded guilty to third-d

More...   $0 (07-27-2018 - SD)

STACI SCONIERS v. UNITED STATES OF AMERICA

This case arises from a car accident that occurred on January 6, 2016, in Newark, New Jersey, between a car driven by Sconiers and a vehicle owned by USPS. About two weeks after the accident, Sconiers submitted an administrative tort claim form to USPS seeking damages for injuries that she claimed she suffered in the accident. Approximately seven months later, by letter dated July 14, 2016,

More...   $0 (07-27-2018 - NJ)

UNITED STATES OF AMERICA v. KAMEL LAMBUS, AKA Kamel Angevine, AKA K, AKA Kamel Angenevine, STANLEY FULLER, AKA Wardy, AKA Webo

Lambus and Fuller are accused of being leaders and organizers of a
16 group of individuals that referred to itself as the Paper Chasing Goons or POV City
1 and was a drug trafficking organization (or the "DTO"). Beginning in 2015, Lambus
2 and Fuller, along with 10 others, were indicted principally on charges of conspiring
3 to distribute and possess with intent to distribute hero

More...   $0 (07-27-2018 - NY)

Douglas Troester v. Starbucks Corporation

Upon a request by the United States Court of Appeals for the Ninth Circuit
(Cal. Rules of Court, rule 8.548), we agreed to answer the following question:
Does the federal Fair Labor Standards Act’s de minimis doctrine, as stated in
Anderson v. Mt. Clemens Pottery Co. (1946) 328 U.S. 680, 692, and Lindow v.
United States (9th Cir. 1984) 738 F.2d 1057, 1063, apply to claims for unpai

More...   $0 (07-27-2018 - CA)

State of Tennessee v. Melvin Dwayne Dunn, Jr.

The Defendant’s convictions resulted from a string of burglaries of Knox County businesses, which were all closed to the public at the time, within a two-month period.

The Defendant was indicted for nine counts of burglary; one count of attempted theft of property valued at $60,000 or more but less than $250,000; one count of evading arrest; and one count of possession of burglary tools

More...   $0 (07-26-2018 - TN)

Lea Augustin v. City of Philadelphia Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case involves a group of landlords who object to the system of liens used by the City of Philadelphia to collect unpaid gas bills. The District Court certified a class and held that the City had violated the landlords’ rights under the Due Process Clause of the Fourteenth Amendment. The City filed this appeal, arguing that its procedures for collecting gas debts are constitutional. We agree w

More...   $0 (07-23-2018 - PA)

STATE OF KANSAS v. SETH COLLINS

In May 2016, the State charged Collins with one count of intentional second degree murder in violation of K.S.A. 2015 Supp. 21-5403(a)(1) and one count of reckless aggravated battery in violation of K.S.A. 2015 Supp. 21-5413(b)(2)(B). The charges arose from two incidents on April 30, 2016, between Collins and his neighbor's identical twin daughters that ended in a fatal stab wound to Kayla Brown's

More...   $0 (07-22-2018 - KS)

Steven Morales v. United States of America District of Arizona Federal Courthouse - Phoenix, Arizona Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal is one of many tort cases against the government in which we consider the government’s waiver of sovereign immunity. Under the Federal Tort Claims Act (the “FTCA”), the court has no jurisdiction over claims “based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government . . .

More...   $0 (07-19-2018 - AZ)

Lecia L. Shorter v. Leroy D. Baca, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Lecia L. Shorter appeals the district court’s partial grant of summary judgment in favor of the County of Los Angeles, Leroy Baca, Jacqueline Ortiz, and Alejandra Avalos (the County or County Defendants) on her 42 U.S.C. § 1983 inadequate medical care claim, and the denial of Shorter’s motion for a new trial on her § 1983 claim based on her classification as mentally ill, her conditions of confine

More...   $0 (07-19-2018 - CA)

STATE OF OHIO v. CLIFTON J. PANEZICH

In late 2015, a single count complaint was filed in Mahoning County Court Number 4 against Appellant. The complaint alleged Appellant engaged in a pattern of corrupt activity in violation R.C. 2923.22, a first-degree felony, from 2010 through 2015. 12/16/15 Complaint. The complaint was filed as a result of a 2013 investigation by the FBI, Canfield Police Department, and other Northeast Ohio po

More...   $0 (07-18-2018 - OH)

STATE OF OHIO -vs- DOUGLAS EDWARD HADDIX

In 1995 Appellant was convicted of two counts of rape in violation of R.C. 2907.02, one count of felonious sexual penetration in violation of R.C. 2907.12, and one count of gross sexual imposition in violation of R.C. 2907.05. The jury acquitted appellant on one additional count of rape and the trial court dismissed a count of child endangering, a violation of R.C. 2919.22. Appellant appeale

More...   $0 (07-18-2018 - OH)

Robin Kirkland Neal v. Daniel Ficcadenti District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In the late evening hours of June 6, 2012, police officers responded to a call
that a witness had seen a man retrieve a gun from a black sedan parked outside of
Born’s Bar, a tavern located on Rice Street in Saint Paul, Minnesota. At the scene,
the officers discovered a black sedan containing three occupants, none of whom
perfectly matched the description of the suspect. After appr

More...   $0 (07-18-2018 - MN)

Hugh Edward Turner v. The State of Texas

The trial evidence supported the following facts:

The complainant, twenty-one year old Andrew (“Drew”) Johnson, was fatally stabbed at
around 12:45 a.m. on July 4, 2015. The stabbing took place outside a 7-Eleven store in northeast
Dallas.
Two witnesses to the incident testified at trial. One was Johnson’s friend Shawn Williams,
who testified to the following facts:

More...   $0 (07-17-2018 - TX)

Theresa Mason-Funk v. City of Neenah, et al. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Brian Flatoff’s decision to take individuals hostage at a
motorcycle shop in Neenah, Wisconsin,
had tragic consequences for Michael Funk. After managing
to escape from Flatoff, Funk was shot and killed in the alleyway
behind the shop by two officers of the Neenah Police
2 No. 17‐3380
Department (NPD), Craig Hoffer and Robert Ross. Unfortunately,
they mistakenly b

More...   $0 (07-17-2018 - WI)

Sarah Meyer and Gail Wooldridge v. State of Oregon Marion County Courthouse - Salem, Oregon

Plaintiffs, Sarah Meyer and Martin Wooldridge, appeal from a general judgment dismissing their action against defendants Oregon State Lottery (the Lottery), Jill Goldsmith, Larry Niswender, Tessa Sugahara, John Kroger, and Craig Durbin.1 Plaintiffs assert five assignments of error. We reject plaintiffs’ fourth assignment of error without written discussion and write only to address their remaining

More...   $0 (07-05-2018 - OR)

Teresa Barry v. James P. O'Grady Southern District of Ohio Federal Courthouse - Columbus, Ohio

Teresa Barry, a judicial administrative assistant, sued three judges and two employees of the Franklin County Municipal
Court under 42 U.S.C. § 1983, claiming retaliation in violation of the Free Speech Clause of the
First Amendment and gender discrimination in violation of the Equal Protection Clause of the
Fourteenth Amendment. The defendants moved for summary judgment, and the distr

More...   $0 (07-16-2018 - OH)

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma

More...   $0 (07-15-2018 - NH)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher